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The Discriminatory Acts under the Proposed SOGIE Bill

The Discriminatory Acts under the Proposed SOGIE Bill under Senate Bill 159 filed by Senator Riza Hontiveros last July 2, 2019, are laid down in Section 5 thereof.

Under Section 5 of Senate Bill 159, the following discriminatory acts shall be unlawful:

  1. Promoting and encouraging stigma on the basis of SOGIE in the media, in educational textbooks, and other medium. Inciting violence and sexual abuse against any person or group on the basis of SOGIE is likewise prohibited;
  2. Including SOGIE as well as the disclosure of sexual orientation, in the criteria for hiring, promotion, transfer, designation, work assignment, re-assignment, dismissal of workers, and other human resource movement and action, performance review and in the determination of employee compensation, career development opportunities, training, and other learning and development interventions, incentives, privileges, benefits or allowances, and other terms and conditions of employment: Provided That, this provision shall apply to employment in both the private sector and public service, including military, police and other similar services: Provided, Further That is prohibition shall likewise apply to the contracting and engaging of the services of organizations with lesbians, gays, bisexuals, transgenders, intersex, or queers (LGBTIQs) members or of associations or organizations advocating LGBTIQ rights;
  3. Refusing admission or expel a person from any educational or training institution on the basis of SOGIE: Provided, However that the right of educational and training institutions to determine the academic qualifications of their students or trainees shall be duly upheld;
  4. Imposing disciplinary sanctions, penalties harsher than customary or similar punishments, requirements, restrictions, or prohibitions that infringe on the rights of the students on the basis of SOGIE, including discriminating against a student or trainee due to the SOGIE of the student’s parents or legal guardian;
  5. Refusing or revoking the accreditation, formal recognition, registration or plan to organize of any organization, group, political party, institution or establishment, in educational institutions, workplaces, communities, and other settings, solely on the basis of the SOGIE of their members or of their target constituencies;
  6. Denying a person access to public or private medical and other health services open to the general public, as well as access to public and private health insurance, including HMOs, on the basis of SOGIE;
  7. Denying an application for or revoke, on the basis of SOGIE, any government license, authority, clearance, permit, certification, or other similar documents necessary to exercise a profession, business, or any other legitimate calling;
  8. Denying a person access to or the use of establishments, facilities, utilities or services, including housing, open to the general public on the basis of SOGIE: Provided, That the act of giving inferior accommodations or services shall be considered a denial of access or use of such facility or service: Provided, That this prohibition covers acts of discrimination against juridical persons solely on the basis of SOGIE of their members or of their target constituencies;
  9. Subjecting any person, natural or juridical, to profiling, detention, or verbal or physical harassment on the basis of SOGIE. Profiling, detention, or verbal or physical harassment on the basis of SOGIE by members of law enforcement agencies, including the military, police, immigration, is likewise prohibited. Physical or verbal harassment based on SOGIE of persons in custody or detention of the police, including subjecting them to extortion, is also prohibited; and
  10. subjecting a person to any other analogous acts that shall have the effect or purpose of impairing or nullifying the enjoyment, recognition, and exercise of a person’s human rights and fundamental freedoms.
  11. regardless of whether such arrest has legal or factual basis.  Harassment of juridical persons on the basis of the sexual orientation or gender identity or expression of their members, stockholders, benefactors, clients, or patrons is likewise covered by this provision.

Senate Bill 159 was initially filed by Senator Hontiveros in December 2016 under the Seventeenth Congress but it was not passed.

Download a full copy of Senate Bill 159:

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